The court emphasized that quashing of charges under the Prevention of Corruption Act is not justified without clear evidence that no prima facie case exists. Evidence must be thoroughly evaluated before pre-trial dismissal.

ORDER :

A. BADHARUDEEN, J.

This Criminal Miscellaneous Case has been filed under Section528 of Bharatiya Nyaya Suraksha Sanhita, 2023 (` BNSS ’ for short) with prayer to quash Annexure 1 FIR and Annexure 5 final report in Crime No.6 of 2011, VACB Kannur, now pending as C.C.No.10/2017 on the files of Special Judge under the Prevention of Corruption Act, 1988 (`PC Act’ for short), Kannur, Thalassery.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents and the decisions placed by the learned counsel for the petitioner.

3. The prosecution alleges commission of offences punishable under Section 7 and under Sections 13 (1)(d) r/w 13(2) of the PC Act, by the accused. The prosecution case is that the accused demanded Rs.1,000/- (Rupees One thousand only) as bribe for allowing one Sri K.M.Abdul Karim to remit Fishermen Welfare Fund contribution and recording his statement as on 21.10.2011, FIR was registered. Thereafter trap proceedings were arranged and the accused accepted the notes smeared with Phenolphthalein powder and returned Rs.500/- to the defacto complainant. On receipt of bribe he was arrested on 21.10.2011 and enlarged on bail on 27.10.2011. Though the Investigating Officer prepared final report alleging commission of the above offences by the accused and submitted before the Director of Vigilance and Anti- Corruption Bureau, Thiruvananthapuram, he ordered a detailed enquiry by the Vigilance Tribunal and the Government vide G.O(Ms)NO.10/2014/Vig. dated 20.05.2014 ordered to refer the case to the Vigilance Tribunal, Kozhikode, for a detailed enquiry and to submit a report to the Government. When refer report was filed before the Special Court, the Special Court was not inclined to accept the same and returned the same to the investigating officer for further investigation as per order dated 21.12.2015. Thereafter, on further investigation, Annexure 5 final report was filed alleging commission of the above offences, and now the matter is pending before the Special Judge, Thalassery, as C.C.No.10/2017. It is submitted further that, thereafter on 08.09.2017, the learned Special Judge as per a non speaking order dated 08.09.2017 (as can be seen from the order sheet produced as Annexure-7) released the accused on bail.

4. As per Annexure 5 final report, the allegation is as under:

“The charge against the accused is that, accused while working as Fisheries Officer, Kerala Mathsya Thozhilali Kshemanidhi Board, Puthiyangadi, Kannur District on Deputation and as such being a public servant, abused his official position, committed criminal misconduct and by adopting corrupt and illegal means demanded an illegal gratification of Rs.1,000/- for himself from the complainant Sri.K.M.Abdul Karim, S/o.Ibrahimkutty, Madayi Amsam, Choottadu, Puthiyangadi on 14.10.2011 for accepting and remitting an amount of Rs.1,500/- towards contribution to Fisheries Welfare Fund and reiterated the said demand for bribe on 18.10.2011 and directed the said Abdul Karim to bring the amunt on 21.10.2011. In pursuance of the said demand accused accepted bribe money of Rs.1,000/- along with the contribution to Fishermen Welfare fund Rs.1,500/- from Sri.K.M.Abdul Karim at 13.20 hrs on 21.10.2011 from the Kerala Mathsya Thozhilali Kshemanidhi Board office, Puthiyangadi and returned Rs.500/- as a motive or reward for doing the official Act and also an unaccounted amount of Rs.2,302/- found in the possession of accused and